REDESCHIDEREA URMĂRIRII PENALE CA URMARE A PLÂNGERII FORMULATE DE INCULPAT ÎMPOTRIVA ORDONANȚEI DE CLASARE. NELEGALITATE, CONSECINȚE ȘI CĂI DE ATAC
THE REOPENING OF THE PROSECUTION FOLLOWING THE COMPLAINT FILED BY THE DEFENDANT AGAINST THE ORDER TO CLOSE A CASE. UNLAWFULNESS, CONSEQUENCES AND REMEDIES

Summary/Abstract: Although the legal provisions governing the complaint against the acts of the prosecutor and the reopening of the prosecution may seem clear at first glance, the case law has shown the opposite in a case in which, from a simple complaint against the order to close a case filed by the defendant, a ”tangle” of procedures resulted, from the fact that the hierarchical prosecutor invalidated the order and decided the reopening of the criminal prosecution in view of the fact that the initial legal classification was wrong, thus ignoring the principle of non reformatio in pejus. In this article it is analyzed the extent to which the solution adopted by the prosecutor was a legal one, the grounds on which the hierarchical prosecutor may order the invalidation of the order to close a case and the remedies that may be followed in such a situation. It also analyzes the solutions given by the judge entrusted with the adjudication of the complaint against the order to close the case, by the judge who analyzed the lawfulness of the reopening of the prosecution and the relationship between the two procedures, an alternative solution for solving the problem subject to the analysis being proposed.

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